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(56 Stat. 1067; 15 U.S.C. 1520, 15 CFR 4.2) [29 F.R. 15569, Nov. 20, 1964]
§ 363.12 Accredited agent.
(a) Articles of incorporation of a China Trade Act corporation shall state the name and address of its accredited agent, who shall reside within the District of Columbia. Power of attorney appointing said agent shall be certified by the incorporators and filed in duplicate with the Secretary or the Registrar, as the case may be, at the time of filing application for certificate of incorporation. Before issuance of said certificate a letter of consent to act shall be certified by said agent and filed with the Registrar or Secretary, as the case may be, in duplicate.
(b) No corporation shall remove, or accept the resignation of, its accredited
agent until a successor has been appointed and a certified copy of said appointment and written consent of such successor to act has been filled in duplicate; except that in the event of the death of such agent the corporation shall, within 30 days after notice thereof, appoint a successor in the manner set forth in paragraph (a) of this section. § 363.13 Appeal from decision of Registrar.
(a) An appeal to the Secretary may be taken from any decision or action of the Registrar within 6 months thereafter; provided that time for filing an appeal may be extended at the discretion of the Secretary.
(b) The person taking an appeal shall first submit to the Registrar a written statement setting forth, in full, the alleged facts upon which the appeal is based; which when certified to by the Registrar as a true, full, and correct statement of such facts, shall be transmitted to the Secretary with a statement in writing from the Registrar setting forth his decision, or action, from which the appeal is taken.
(c) If the Registrar refuses to certify, as provided for above, the person aggrieved may submit his aforementioned statement to the Secretary: Provided, That a copy of such statement shall first be filed with the Registrar, and the Registrar shall transmit, to the Secretary, a statement of his decision or action and his reasons for refusing to so certify.
(d) The Secretary, as soon as practicable, shall render his decision to the person taking the appeal and to the Registrar.
§ 363.14 Inspection of records.
Any person desiring to inspect the records of a China Trade Act corporation on file with the Registrar or the Secretary, shall submit his application to the Secretary or the Registrar, as the case may be.
§ 363.15 Citizenship of incorporators, directors, or officers.
Whenever an incorporator, a director, or officer of a China Trade Act corporation, resident in China, is a naturalized American citizen, he shall set forth in writing and file with the Registrar the name and place of the diplomatic or consular office where he is registered as a naturalized American citizen, and such registration shall be verified by the
Registrar, by obtaining a written statement from said diplomatic or consular office that such person has a valid current registration.
§ 363.16 Annual report.
The fiscal year of a China Trade Act corporation shall end December 31, and on or before March 15 of each succeeding year such corporation shall file with the Registrar a report of its business for said fiscal year showing the financial condition of the corporation at the close of said year: Provided, That an extension of time in which to file said report may, in the discretion of the Registrar be obtained if requested in writing prior to said March 15; Provided further, That in all cases the time for filing said report for any year beginning after December 31, 1940, is extended until the fifteenth day of the sixth month following the month in which the present war with Germany, Italy, and Japan is terminated, as proclaimed by the President, or to such other extended date as the Registrar or the Secretary of Commerce shall set. Any corporation engaged in business for a period of less than 1 year, or any corporation which is in process of dissolution or liquidation, shall file an annual report as herein prescribed, for such period as it is operated as a China Trade Act corporation. The annual report shall be adopted at a meeting of the stockholders or directors, in accordance with the articles of incorporation or the bylaws of such corporation and shall consist of the following documents which shall be affixed to and made a part of Form 8 (said form shall be signed and sworn to under oath by the Secretary of the corporation in the manner therein provided):
(a) Minutes of meeting, in duplicate, which shall show, in addition to other business transacted, the adoption of audited balance sheet and statement of profit and loss for said fiscal year. In lieu of filing, in duplicate, notice of call, said notice may be incorporated in the minutes as provided for by § 363.10 (a). When notice of call of meeting is waived or any votes are voted by proxy at said meeting an authorized officer of the corporation shall certify to any such waiver or proxy in the manner prescribed by § 363.10.
(c) Whenever the articles of incorporation or bylaws of a corporation provide for the adoption of the annual report by the stockholders, there shall be filed, in duplicate, and affixed to Form 8, a statement by an authorized officer of the corporation showing that all shares of stock voted were fully paid: Provided, That when such information is incorporated in the minutes said statement need not be filed.
(b) Two copies of balance sheet and two copies of statement of profit and loss for said fiscal year, audited and certified by an accredited public accountant.
(d) There shall be affixed to said Form 8, a statement, in duplicate, setting forth the names, addresses, and nationalities of all stockholders of the corporation on the last day of the fiscal year ending December 31, including number of shares and classes of stock held by each: Provided, That such information may be incorporated in the minutes of said meeting.
Whenever a special tax-saving dividend is declared there shall also be filed by the corporation, in duplicate, a certificate of distribution of special dividend.
(e) Statement, in duplicate, setting forth the names, residences, and nationalities of directors and officers elected for the ensuing year, provided that such information may be set forth in the minutes of said meeting in lieu of filing said statement: Provided, That when such directors and officers are elected subsequently to the adoption of the annual report, the corporation shall file such statements, in duplicate, with the Registrar immediately upon the election of said directors and officers. Such statements shall be certified to by the secretary of the corporation. (Sec. 12, 42 Stat. 853; 15 U.S.C. 152) § 363.17 Filing documents.
(a) Documents to be transmitted to Secretary by Registrar. When application is made in China for certificate of incorporation, the Registrar shall transmit the following documents to the Secretary: (1) Original application; (2) the original articles of inWhen corporation and two copies. the certificate of incorporation is issued, the original shall be filed with the Secretary and two copies of certificate certified by the Secretary, with said copies of articles attached, shall be returned to the Registrar for his files and transmission to the corporation. Two additional copies of the certificate of incorporation shall be forwarded to the Registrar, who shall affix to each said certificate a copy of articles of incorpo
ration retained by the Registrar. Registrar shall certify and transmit the two sets as follows: one to the American Legation and one to the consular officer for the district where the central office or place of business of the corporation is located in China.
When the application is filed by the corporation with the Registrar for certificate of amendment of articles of incorporation, certificate of authorization for voluntary dissolution, or certificate for extension, the original of each said document and two copies shall be transmitted to the Secretary. When certified by him, the original shall be filed with the Secretary and the copies, duly certified, shall be returned to the Registrar for his files and for transmission to the corporation. The Registrar shall certify the two copies retained by him and transmit the same as follows: one to the American Legation and one to the consular officer as provided above.
One copy of all other papers filed with the Registrar shall be certified by him and transmitted to the Secretary.
(b) Documents to be transmitted to Registrar, when filed with Secretary direct. When application is made in the United States for certificate of incorporation, certificate of amendment of articles of incorporation, certificate of authorization for voluntary dissolution, or certificate for extension, the following documents shall be transmitted to the Registrar upon the issuance by the Secretary of any such certificate:
(1) One copy of application, for Registrar's files,
(2) Four copies of certificate of incorporation, with copies of articles of incorporation attached,
(3) Four copies of certificate of amendments of articles of incorporation,
(4) Four copies of certificate of authorization for voluntary dissolution,
(5) Four copies of certificate authorizing extension.
The original of each of the foregoing certificates shall be filed with the Secretary, and two copies thereof certified by the Secretary shall be forwarded to the Registrar for his files and for transmission to the corporation. The remaining copies shall be transmitted to the Registrar for the following disposition: one to the American Legation and one to the aforesaid consular officer.
One copy of all other papers filed with the Secretary direct shall be transmitted to the Registrar.
[29 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967]
How to apply for designation of a fair.
(a) An operator of a fair to be held in the United States shall make application on Form IA-32, Application for Designation of a Fair, in accordance with the instructions set forth on the form and in this part.1
(b) Form LA-32 shall be completed in quadruplicate. Two copies of the form shall be filed with the U.S. Expositions Staff, Office of Administration for Domestic and International Business, Washington, D.C., 20230, and one copy shall be filed with that Field Office of the Department of Commerce, listed in paragraph (c), which is nearest to the applicant. The fourth copy shall be retained in the applicant's files for the duration of the fair.
(c) Application forms may be obobtained from the U.S. Expositions Staff or any of the following Department of Commerce Field Offices:
Albuquerque, N. Mex., 87101, U.S. Court
Anchorage, Alaska, 99501, Room 306 LoussacSogn Building.
Atlanta, Ga., 30303, Fourth Floor, Home Savings Building, 75 Forsyth Street NW. Baltimore, Md., 21202, Room 305 U.S. Customhouse, Gay and Lombard Streets. Birmingham, Ala., 35203, Title Building, 2030 Third Avenue North.
Boston, Mass., 02110, Room 230, 80 Federal Street.
Buffalo, N.Y., 14203, 504 Federal Building, 117 Ellicott Street.
1 Copies of Form IA-32 have been filed with the Office of the Federal Register.
Charleston, S.C., 29401, No. 4 North Atlantic Wharf.
Charleston, W. Va., 25301, 3002 New Federal
Cincinnati, Ohio, 45202, 8028 Federal Office Building, 550 Main Street.
Cleveland, Ohio, 44101, Fourth Floor, Federal Reserve Bank Building, East Sixth Street and Superior Avenue.
Dallas, Tex., 75202, Room 1200, 1114 Commerce Street.
Denver, Colo., 80202, 142 New Custom House, 19th and Stout Street.
Des Moines, Iowa, 50309, Room 1216, Paramount Building, 509 Grant Avenue. Detroit, Mich., 48226, 445 Federal Building. Greensboro, N.C., 27402, Room 407, U.S. Post Office Building.
Hartford, Conn., 06103, 18 Asylum Street. Houston, Tex, 77002, 5102 Federal Building, 515 Rusk Avenue.
Savannah, Ga., 31402, 235 U.S. Courthouse
and Post Office Building, 125-29 Bull Street. Seattle, Wash., 98104, 809 Federal Office Building, 909 First Avenue.
(d) Applications for designation of a fair may be filed at any time. However, where possible, the application should be filed a minimum of 90 days before the opening date of the fair.
(e) The U.S. Expositions Staff may request additional data from any applicant if it is deemed necessary in establishing the fair's eligibility.
(f) The U.S. Expositions Staff will notify each applicant in writing of the action taken on his application.
[29 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967]
§ 364.4 Substance of application.
The operator shall furnish the name of the fair, the place where the fair will be held, the dates when the fair will open and close, and the name of the operator of the fair. In addition, the operator shall give the names of its officers, partners or owners; state how the fair will be financed and by whom; give the names of all organizations supporting or sponsoring the fair; state the purpose of the fair and how that purpose will serve the public interest in promoting trade; list the kinds of products to be exhibited at the fair or the nature of the different exhibits if not of products; give the size of the exhibit space and state whether a particular area has been set aside for exhibitors of foreign products; and furnish data on how much of the exhibit space has been contracted for at the time of application separately for domestic and foreign exhibits with a list of the foreign countries whose dutiable goods expect to be or will be exhibited. The fair operator shall also furnish copies of literature, brochures, etc., being distributed which explain or advertise the fair, and evidence of authority to use the fair site such as leases and public license approvals.
Extending closing date of a fair.
When it shall become necessary to extend the closing date of a fair the operator shall notify the U.S. Expositions Staff as early as possible of the new closing date and of the reasons why the fair is to be extended.
[29 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967]
PART 365-MOBILE TRADE FAIRS § 365.1 Requests for assistance by mobile trade fair operators.
(a) Financial assistance; kinds of expenses defrayed. Expenses which will be defrayed by the Department of Commerce under the financial assistance provisions of the Mobile Trade Fairs Act will be limited to the following:
(1) Expenses relating to the entrance and clearance of foreign ports of entry insofar as these expenses are directly attributable to the mobile trade fair project.
(2) Advertising expenses incurred in the foreign country or countries for the purpose of attracting visitors to the mobile trade fair, except that no part of the money may be spent for the purpose of entertaining, and except that not more than 90% (ninety percent) of the total of such allowable advertising expenses will be defrayed by the Department.
(3) Exhibit space and facilities in the foreign country or countries and related exhibit expenses.
(4) Transportation in the foreign country or countries and related services.
(b) Submission of requests; allocation of funds-(1) Where and when. Requests for assistance by mobile trade fair operators under the Act should be submitted to the Office of International Trade Promotion, Bureau of International Commerce, U.S. Department of Commerce, Washington, D.C., 20230. Prompt submission of requests for financial assistance is desirable.
(2) Funds. No funds for financial assistance will be allocated by the Department prior to March 2, 1964, in order to provide time for all interested persons to make their intentions and plans known. With respect to funds made available to the Department for such purpose out of fiscal year 1965 appropriations, no funds for financial assistance will be allocated by the Department prior to December 15, 1964, and such funds will be allocated only for requests received and approved subsequent to the date of publication of this amendment in the FEDERAL REGISTER.
(c) Requests for financial assistance; information required. (1) Requests for financial assistance must contain a description of each proposal for a mobile trade fair project for which assistance under the Act is requested. The de